is my holiday pay right?

blueye

got made redundant on the 29 of may i have recieved my holiday pay entitlement and think it is wrong.
i worked out i was due 6.5 days holiday (01/03/09-29/05/09)
3 of which have already been taken for bank holidays.
i recieved 12hrs pay 4hrs per day.
the thing is i havent just worked 20hrs per week, since i started my hours have varied every week ranging from 20.5 - 29 is it right that my employer can just pay me my holiday entitlement based on a 20hr week

McKneff

if your contracted hours are 20 hours a week then thats what holiday pay you are paid. sorry

blueye

i didnt have a contract does that make a diffenence

McKneff

What were the hours the job was advertised as and
what did yo agree to at your interview.

blueye

its a long story i didnt have an interview i worked for someone who went bankrupt one of my work mates took the place over and just carried on employing the old staff when she first took over i was working on average 28 hrs a week it only went down to 20 for a couple of months before i was made redundant but even in those months i have worked on adverage more than 20hrs, out of five weeks wage slips i have 2 with 20.5 1 with 26 1 with 24 and 1 with 29. oh and i didnt agree to the 20hrs either it was'nt even mentioned, as it wasent every week i didnt mind

McKneff

Thinks its maybe worth a call to ACAS.
Did you have anysort of interview with your original employer or verbals at that interview.

Whether written or not you still have a contract.

Sorry, dont think i can help you further unless someone else comes on here tonight who can help.
good luck.

blueye

thanks anyway, just after reading about entitlement i was thinking that as i have no contract which states any contracted hours, my holiday pay should be work out using the hours i have actually worked and not just based on whatever my employer wants which happens to be the lowest amount of hours i have worked in a week.

zzzLazyDaisy

How holiday pay is calculated depends on what your normal working week is.

If your normal working week is 20 hours, but you sometimes - or even often - work more, then the extra hours are classed as overtime and are not counted when calculating holiday pay.

If you have no set hours but work irregular hours as and when required, then the correct calculation is to take the average of the hours worked over the past 12 weeks.

blueye

hi yeah thanks just spoke to acas and they said the same that it should be an average of the past twelve weeks, so anyone got any suggestions as to what to write to my employer to get this resolved as i believe they have calculated it wrong, i dont want to fall out with her but want what im due. thanks

blueye

i wonder aswell im not to sure how but could i get them to show me how they have calculated ALL of my holidays whilst i have been employed to make sure that i have not been underpaid as its likely i have.

Mudd14

You need to follow the grievance procedure really, it would be a modified grievance as you have onw left. Statr you wish to raise a grievance under the modified grievance procedure and explain your issue and explain the answers/resolution you would like. They are legally obliged to respond/meet within 28 days to resolve the issue.